Rekha Rani filed a consumer case on 09 Oct 2009 against Peerless General Finance & Investment Co Ltd in the Bhatinda Consumer Court. The case no is CC/09/272 and the judgment uploaded on 30 Nov -0001.
Punjab
Bhatinda
CC/09/272
Rekha Rani - Complainant(s)
Versus
Peerless General Finance & Investment Co Ltd - Opp.Party(s)
Sh. Balwant Singh Advocate
09 Oct 2009
ORDER
District Consumer Disputes Redressal Forum, Bathinda (Punjab) District Consumer Disputes Redressal Forum, Govt. House No. 16-D, Civil Station, Near SSP Residence, Bathinda-151 001 consumer case(CC) No. CC/09/272
Rekha Rani
...........Appellant(s)
Vs.
Peerless General Finance & Investment Co Ltd
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
09.10.2009Present : Sh. Balwant Singh Mann, counsel for the complainant. : Not summoned. Office report seen. Complaint may be registered. We have heard Sh. Balwant Singh Mann, learned counsel on behalf of complainants and perused the record of the complaint under Section 12 of the Consumer Protection Act, 1986 and filed the documents i.e. a copy of legal notice dt. 26.8.2009; copy of postal receipt; copy of application of Rekha Rani wife of Late. Sh. Ramesh Chander, policy holder; copy of Letter of Consent dt. 22.7.2004; copy of Policy dt. 22.8.1994 and copy of receipt of courier. It appears from the record of the complaint that Policy No. C0763216/673, was obtained by Sh. Ramesh Chander, husband of Rekha Rani, complainant No.1 and father of complainants No. 2 to 4 in his name, commencing from 22.8.1994 and it was matured on 22.8.2003. On 11.7.2002, Sh. Ramesh Chander, husband of complainant No.1 and father of complainants No. 2 to 4 was died. The amount of this insurance claim still not paid by the opposite parties to the complainants and therefore, the complainants are seeking directions from this Forum to opposite parties to pay the amount of insurance policy along with compensation to the tune of Rs. 50,000/-along with litigation expenses to the tune of Rs. 3,300/-. It appears from the record of the complaint that the policy was obtained on 22.8.1994 and it matured on 22.8.2003, but Sh. Ramesh Chander, husband of complainant No.1 and father of complainants No. 2 to 4 was died on 11.7.2002. The complainants have filed the present complaint on 5.10.2009 i.e. after more than six years from the date, the insurance claim was matured. As per Sub Section 1of Section 24A of the Consumer Protection Act,1986, this Forum has no powers to admit the complaint involving a consumer dispute unless it is filed within two years from the date of which the cause of action is arisen. This Forum has power to entertain the complaint filed after a period specified in Sub Section 2of Section 24A, if the complainants satisfy this Forum that the complainants had sufficient cause for not filing the complaint within a period of two years as mentioned in Sub Section 1 of Section 24A of the Act. The complainants have not recorded any reasons in their complaint seeking condone of delay in filing the complaint and therefore, we are left with no other options except to disallow admission of this complaint being barred limitation and accordingly the complaint is dismissed. File be consigned. Pronounced (GEORGE) 9.10.2009 PRESIDENT (AMARJEET PAUL) MEMBER
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